Judge Anita Ashley was not buying what Larry Robert Joseph was attempting to sell in the Circuit Court of Calhoun County with regards to his second probaiton violation. Felicia Lawson, Probation Officer testified that Larry Joseph tested positive for having consumed alcohol on November 17 which was in violation of his probation rules. The amount of alcohol for which he tested positive for was described as “very high.” It was suggested by the defendant and his family that he had been taking NyQuil and Robitussin which contains alcohol but according to Ms. Lawson he would have had to have consumed several bottles of Robitussin for the result achieved and NyQuil does not appear as alcohol on a drug screen. It was also a part of his probation that he steer clear of medicines with alchol without advising those who screen for drugs, which the defendant did not.
Joseph’s fiancé Mary Ellen Gibson and his mother, Ruth Wares both testified on behalf of the defendant stating that he at no time had appeared to be drinking and that there was no alochol in their home. Judge Ashley stated that she did not believe the testimony of Joseph saying he was “not credible,” nor did she believe his witnesses and the evidence was clear that he had violated the terms of his probation for a second time.
Josephs defense attorney, Daniel Minardi, requested, that because of his clients employment, he be allowed to serve weekends in jail. Judge Ashley denied the recommendation and sanctioned Joseph to 120 days in Jail with 34 days credit for time served.
